Tag Archives: Ownership

Attack of the Triffids: Knotweed nuisance cranks up a notch

Investor, developer, indeed landowner in any capacity – recent rulings mean Japanese Knotweed is now more of a nuisance (and a costly one) than ever. With over 6000 UK locations identified as containing the weed, you best be clear on how to handle this inconvenient invader or you face ending up in a bind. What’s … Continue Reading

Please can I have your Autograph Mr Ramsay!

You might have seen some of the recent media coverage of Gordon Ramsay’s court case relating to a personal guarantee given to his landlord that was signed using an “automated pen” operated by his estranged business partner and father in law. A significant sum was at stake given the personal guarantee guaranteed the tenant’s obligations … Continue Reading

(UK) The capital allowances pooling and fixed value requirements – don’t lose out!

We have seen a number of articles that refer to the risk of unclaimed capital allowances being lost as a result of the new capital allowances rules. It is estimated that there is over a billion pounds of unclaimed capital allowances in the UK. The concern is that any such unclaimed allowances could be lost … Continue Reading

(UK) Impact of budget for residential buyers

There was a surprise announcement in today’s Budget in relation to “high-end” residential property. The government has significantly extended the scope of the SDLT 15% “penal” rate that applies to acquisitions of residential property by non-natural persons (i.e. corporate entities). The 15% rate currently applies to individual residential properties worth over £2,000,000. From midnight tonight the 15% … Continue Reading

(US) PA Supreme Court Act 13 decision disappoints the Oil and Gas Industry

This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading

(US) California Nonresidential Building Owners Face New Energy Use Disclosure Requirements In 2014

Effective January 1, 2014, owners of nonresidential buildings of 10,000 square feet or more must disclose energy use information to prospective purchasers, lessees and lenders. Owners of nonresidential buildings 5,000 square feet or more can look forward to the same disclosure obligations beginning July 1, 2014. The new law (AB 1103) establishes a benchmarking system … Continue Reading

(US) The Ring of Solitude; Negotiating a Retail Lease Radius Clause

The August 2013 issue of the Commercial Lease Law Insider featured an article about negotiating lease radius clauses which was voted the best issue of 2013 by the publication’s insider subscribers. Why would radius clauses garner such interest? Radius clauses are an important tool at the disposal of a retail landlord to protect its economic … Continue Reading

(US) Creative Financing-Let the Purchaser Do It

Despite the recent low interest rate environment, some projects just will not support market rate construction loans. What then is the developer to do? Over the last few years developers have begun to turn to the purchaser to finance construction of a project. This technique can be used for both residential and commercial development. Many … Continue Reading

(US) Land Banks: Too Good to Fail

This post was written by Dusty Elias Kirk and Gerald S. Dickinson. Pennsylvania municipalities and potential developers interested in converting vacant, abandoned, tax delinquent or foreclosed properties into productive use should take note of legislation enacted in 2012 that permits a municipality with more than 10,000 residents to create a land bank.1 Land banks are … Continue Reading

(UK) What a Relief – from Empty Rates Liability

This post was written by Jo Carter and Siobhan Hayes. The controversy over the unfair and anachronistic business rates system is constantly in the main stream press at the moment and today saw the BBC report on the expected announcement of a freeze to rates rises to be announced by the Chancellor in the Autumn … Continue Reading

(UK) Any colour you want as long as it’s green

This post was written by Nav Sahota, Siobhan Hayes, Maricela Robles Garza and Daniel Kyriakides. There have been so many green initiatives from the UK government that it can be hard for companies owning or occupying property to work out what is really going to affect them and their bottom line. We are of the … Continue Reading

(UK) Planning Update

There have been a number of minor legislative changes recently, which we felt cumulatively merited a new post. Planning Fees These must now be refunded if applications have not been determined within 26 weeks (including the time taken to complete any s106 agreement!) unless a longer time period is specifically agreed. This applies to all … Continue Reading

(UK) Chancel Repair Liability

We know that over the last ten years many of our clients have had to grapple with the issue of chancel repair liability risks arising in their transactions. We know that some clients (often those a owning large amount of property) take the risk on and some (often required by their lenders) have taken out … Continue Reading

(US) Brownfield Owners and Developers Take Note: EPA Issues New Guidelines Emphasizing and Strengthening Institutional Controls

This post was written by Edward V. Walsh III. Brownfield developers and owners of contaminated property contemplating a cleanup should take note of two important guidelines issued by the U.S. EPA. These guidelines recommend early consideration of the use of institutional controls (legal documents such as deed restrictions, restrictive covenants and the like) in planning … Continue Reading

(US) A View to a Hill? Beachfront Homeowners Wary Over Dune-Rebuilding Easements

The Garden State is forging ahead with rebuilding efforts after Superstorm Sandy devastated the Jersey Shore last October. One of the largest proposed projects is a $3 billion dune-replenishment project set to start May 1. This proposed coastal protection system would create 22-foot-tall dunes along the coast, forming a natural barrier against storms to protect … Continue Reading

(US) Pennsylvania Supreme Court Affirms the Dunham Rule and Restores Certainty to Oil and Gas Law

Last August, we reported that a Pennsylvania Superior Court decision (Butler v. Charles Powers Estate) threatened to undermine nearly 200 years of mineral-rights law in Pennsylvania by rejecting the “Dunham Rule” – a legal doctrine that presumes that in private deed transactions where there is a reservation or exception for “minerals,” without any specific mention … Continue Reading

(US) The Truck Stops Here – Or Should It?

According to the National Restaurant Association, the proliferation of food trucks has been one of the hottest trends in the food service industry the last few years. Such trucks have become technologically advanced and bear little resemblance to the “Good Humor” trucks and the so-called construction site “chuckwagons” that have previously dominated the mobile-food-truck sector. … Continue Reading

(US) New York High Court Rules that Statutory Interest Not Included with Liquidated Damages – Unless You Say So

A recent opinion by New York’s highest court (J. D’Addario & Co. v. Embassy Indus., Inc. Slip Op 07850, Court of Appeals) held that a seller’s "sole remedy" of retaining the purchaser’s deposit as "liquidated damages" means just that – that’s all you get (i.e., no court-imposed interest unless you expressly say so). In the … Continue Reading

Real Estate Legal Update Blog

Empty Rates – Good News This post was written by Katherine Campbell and Siobhan Hayes There is some good news for those with rates liabilities for empty properties this week! Since April 2008 rates relief on empty industrial space has been limited to six months. This, as we all know, has caused substantial hardship to landlords with empty … Continue Reading

New Developments in Real Estate Construction Loans in Pennsylvania

This posting was also written by Curt Heffler. Construction Ahead: In a recent Pennsylvania Superior Court case (Commerce Bank v. Kessler), the court held that an open-end mortgage recorded after commencement of construction on the mortgaged property does not have statutory priority over a subsequently recorded mechanic’s lien unless all of the proceeds of the loan … Continue Reading